MV Act | Tribunal's Approach Insensitive, Found Small Inconsistencies To Throw Out Claim: Gujarat HC Quashes Order Rejecting Compensation

While quashing an order of the Motor Accident Claims Tribunal (MACT) which had dismissed a claim petition, the Gujarat High Court observed that it was unfortunate that instead of "taking a holistic view" the tribunal had sought to fund minor inconsistencies to throw out the claimant's plea for compensation under the Motor Vehicles Act. In doing so the court observed that the tribunal had...

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi has held that the plea that limitation period for challenging the award under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) did not start as the signed copy of the award was not received by the party, cannot be raised for the first time in appeal under section 37 of...

Vadodara Boat Capsize: Gujarat High Court Directs Contractor To Deposit 25% Of Total Compensation By March 31

The Gujarat High Court on Monday (February 17) directed the partners of M/s Kotia Projects–the contractor firm managing activities at Harni lake Vadodara, to deposit compensation of over Rs. 3.5 crore approximately for persons who died in the Vadodara boat capsize incident- in four instalments, the first instalment of 25% to be deposited by March 31. On January 18, 2024, a boat capsized...

Justice Biren A Vaishnav To Head Gujarat High Court For Two Weeks After Chief Justice Sunita Agarwal Goes On Leave

The Central Government on Monday (February 17) notified the appointment of Justice Biren Aniruddh Vaishnav to perform the duties of the office of the Chief Justice of Gujarat High Court between February 18 to March 2. The appointment was made in view of the fact that Chief Justice Sunita Agarwal is going on leave during that time. The notification issued by the Ministry of Law and Justice...

Gujarat High Court Advocates' Association Resolves To Seek Transfer Of Chief Justice Sunita Agarwal

The Gujarat High Court Advocates Association in its extra ordinary general meeting on Monday (February 17) has resolved to seek the transfer of Chief Justice Sunita Agarwal. As per the resolution, the bar body has resolved that, "The House further resolves to take appropriate steps, including seeking transfer of the Hon'ble Chief Justice within the frame work of law to ensure that the faith...

Gujarat High Court Rejects Journalist Mahesh Langa's Plea To Quash FIR Alleging Theft Of 'Confidential' Govt Documents

The Gujarat High Court on Monday (February 17) dismissed journalist Mahesh Langa's plea to quash an FIR registered by Gandhinagar Police against him for alleged corruption, criminal conspiracy and theft where he is accused of obtaining "highly confidential government documents".Justice Divyesh A Joshi said while pronouncing the order said, "Application is dismissed". The court in its order...

Gujarat HC Reserves Verdict In Journalist Mahesh Langa's Plea For Quashing FIR Alleging Theft Of 'Confidential' Govt Documents

The Gujarat High Court on Thursday (February 13) reserved its verdict in plea moved by journalist Mahesh Langa seeking quashing of an FIR registered against him by Gandhinagar Police for alleged corruption, criminal conspiracy and theft where he is accused of obtaining "highly confidential government documents".After hearing arguments of the parties Justice Divyesh A Joshi said, “Heard...

458 Notices Issued Against Unauthorized Religious Structures On Public Roads: State Tells Gujarat High Court

The Gujarat High Court on Tuesday (February 11) asked the State to collect and report on the decisions taken by the committees constituted in municipal corporations and districts over the last quarter, in respect of removal/rehabilitation/regularization of unauthorized religious structures found in public places.The court said this after taking note of an April 2024 circular issued by...

Clear Discrimination: Gujarat High Court Orally Remarks After Woman Claims CRPF Denied Her Promotion For Being HIV+

While hearing a woman's plea alleging discrimination in promotion to higher post in CRPF on the ground that she has HIV-AIDS despite meeting all other eligibility criteria, the Gujarat High Court on Wednesday (February 12) orally remarked that promotion cannot be denied in ministerial posts because of health issues. The court further orally said that a person cannot be denied promotion if...

Municipality Can't Simply Deny Allegations Of Failure To Use State Grant, Should Give Details: Gujarat High Court

The Gujarat High Court has directed the State to decide the representation of Samajwadi Party MLA Kandhal Jadeja, who alleged non-completion of work for which a grant was given to Kutiyana Nagarpalika claiming that while money was given for development of public utilities on a land it now appeared as garbage land in photographs. In doing so the court also noted that Nagarpalika in its...

Tribal Woman Assault Case: Gujarat High Court Takes On Record Sealed Cover Report Of Concerned Police Superintendent

The Gujarat government on Wednesday (February 12) submitted to the High Court in sealed cover– a report and affidavit by Dahod's Superintendent of Police on an incident pertaining to the alleged assault of a tribal woman who was stated to be disrobed, paraded and dragged by a motorcycle in the district.Notably, on February 3 the court had taken Suo-Motu notice of news reports on the...

Criminal Liability For Cheque Dishonour Primarily On Drawer Company, Officers Are Held Liable Only If Section 141 Is Satisfied: Gujarat HC

While quashing criminal proceedings in a cheque bouncing case against a woman stated to be the former director of a textile company, the Gujarat High Court noted that she had resigned in 2013 and shouldn't be held liable for a cheque issued in 20197 reiterating that criminal liability in such cases primarily falls on drawer company. This liability extends to the officers of the drawer...